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• 01 Nov 2024

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  In determining whether it is inappropriate for ALP to be made in a school, all the relevant circumstances need to be taken into account, not just whether the school/institution can provide the ALP in the IDP: TM v Hounslow [2009] EWCA Civ 859 para 26. For example, a child’s anxiety may lead for it to be “inappropriate” for provision to be made at school: M v Hertfordshire CC [2019] UKUT 37 (AAC)para 45.

  In NN v Cheshire East Council (SEN) [2021] UKUT 220 (AAC) para 47(b), the English tribunal provided a useful summary on the law that is likely to be useful for the ETW, in deciding whether it would be inappropriate for ALP to be made in a school:

  1. the LA/ETW needs to take into account all the circumstances of the case with might include:
     • the child's background and medical history; 
     • the particular educational needs of the child;
     • the facilities that can be provided by a school;
     • the facilities that could be provided other than in a school;
     • the comparative cost of the possible alternatives to the child's educational provisions, either at school or elsewhere;
     • the parents' wishes are also relevant, but they could not be determinative except in the very rare case where there were otherwise equally balanced alternatives for the child's needs.
  2. If the ETW is satisfied that it would be inappropriate for any such special educational provision to be made in any school, then no school or institution should be named in section 2D.
  3. Conversely, if the ETW is not satisfied that it would be inappropriate for any ALP provision to be made in any school, it would be appropriate for the child to be enrolled in school (Derbyshire County Council v EM and DM (SEN)) for at least part of the provision to be made there. 
  4. Any ALP which will be made otherwise than in a school or type of school will be set out in Section 2B.
  5. Attending provision provided by the school as part of a bespoke package outside a conventional classroom setting will nonetheless mean that the school is to be attended by the child.
  6. Education in a child's home cannot be named in section 2D.

  

  Nodi No-nonsense Guide Wales
  Authors: Civitas Law education team

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